In April 2024, the Environmental Protection Agency (EPA) designated PFOA and PFOS (two chemicals that are part of the PFAS family of compounds) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This change in designation - from “pollutants and contaminants” to “hazardous substances” - had substantial policy implications. The EPA can now require that Potentially Responsible Parties (PRPs) investigate and address PFOA and PFAS contamination. Parties that are subsequently deemed responsible for having PFOA and/or PFOS-contaminated sites are now subject to the full suite of CERCLA regulatory action.
EPA’s TSCA Ruling For PFAS: Calls On An Unprecedented Number Of Manufacturers To Report
Last week, Taylor Research Group (TRG) attended the Environmental Law Institute’s (ELI) monthly PFAS webinar briefing for a timely discussion on the EPA’s one-time Toxic Substances Control Act (TSCA) data-collecting rule for PFAS. More specifically, by May 2025, any entity that has manufactured or imported PFAS or PFAS-containing articles since January 1, 2011 must electronically report its PFAS usage, production volumes, disposal, exposures, and hazards. In what has become a common theme in presentations regarding PFAS regulation, TRG’s main takeaway is that manufacturers must diligently make a plan for record keeping and recording if they hope to avoid stiff penalties.
TRG Travels Wherever the Research Takes Us
While Taylor Research Group (TRG) is a Washington, DC-based research firm, conveniently located near major federal repositories, our work is far from limited to the DC region. TRG researchers regularly travel across the country to conduct research at local and state repositories, government offices, university libraries, and historical societies. We recently surveyed our office and found that collectively, we have conducted in-person research in at least 32 states– and that doesn't count the states whose records we've "visited" remotely (all 50, plus Guam and Puerto Rico!). This is all to say that we go anywhere and everywhere to collect and analyze the documents that are essential to our clients.
PFAS Regulation for Consumer Products: Immediate Action Recommended
Last week’s iteration of the Environmental Law Institute’s (ELI) monthly PFAS webinar focused on state PFAS regulations for consumer products. Echoing the message from prior meetings, the speakers implored manufacturers in this realm to conduct due diligence investigations in preparation for forthcoming enforcement. However, they noted that significant challenges exist for even the most well-intentioned producers. Namely, state regulations are often vague and broad, and PFAS release and exposure during the manufacturing process can be unforeseen and quite surprising. This creates an environment that can lead to hesitation and inaction, decisions that can ultimately be detrimental and costly.
Cracking your case with historical analysis
At Taylor Research Group (TRG), we often use the tagline: “Why search when we research?” This is to emphasize how we transcend basic document retrieval and surface level online searches. In previous blog posts, we have highlighted how our knowledge of local, state, and federal archival repositories has helped our clients crack their product liability cases, go beyond the phase I environmental site assessment, and reconstruct the ownership history of a contaminated site. A recent research experience by our team underscores yet another value of historical research: unearthing unknown leads that can help win a client’s legal case.
Just the Beginning: EPA’s MCL Announcement for PFAS Indicates that Additional Regulatory Action is Imminent
We are once again eager to share our takeaways from the Environmental Law Institute’s (ELI) monthly PFAS webinar. This month’s speakers provided an in-depth discussion on the EPA’s recent announcement that established Maximum Contaminant Levels (MCLs) for six PFAS: PFOA, PFOS, PFHxS, PFNA, and HFPO-DA, as well as mixtures containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS. This very informative session went beyond the immediate effects of this designation and, instead, largely focused on what is still in store for PFAS regulatory action. The theme that resonated most with us is that this decision is just the beginning.
Be Prepared: EPA’s PFOA and PFOS CERCLA Designation Is Imminent
Taylor Research Group (TRG) recently attended the Environmental Law Institute’s (ELI) monthly PFAS webinar briefing, and we are eager to share our key takeaways from a very timely and informative panel session. The Environmental Protection Agency (EPA) will designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA hazardous substances any day now, so the panelists focused on the policy implications of this forthcoming designation. The theme that resonated most for TRG is that industrial firms (and their in-house or outside legal counsel) should prepare now to limit their potential liability costs.
Going Beyond the Phase I Environmental Site Assessment
Phase I Environmental Site Assessment (ESA) reports provide historical overviews of contaminated sites and are often key resources in environmental and toxic tort litigation. However, despite the requirement that they meet set standards, in reality, ESAs often have certain limitations when it comes to historical analysis. Historical research, a required component of ESAs, is often extremely basic and sometimes conducted by personnel without extensive training in historical research methodology. In our experience, ESAs typically check all of the required boxes for historical research but seldom go deeper, consequently leaving out critical historical information. This has proven especially true for properties active prior to the 1970s, or with complicated owner/operator histories. From minor errors in dates and names to misidentification or omission of potentially responsive parties (PRPs), there are possible risks in relying on the incomplete picture typically provided by an ESA.
The Legacy of Lead Based Paint
On January 13, 1971, Congress passed the Lead-Based Paint Poisoning Act, which prohibited the use of lead-based paints (“LBPs”) in residences constructed or renovated by the federal government or using federal assistance. Fifty years later, we are still seeing the health impact of LBPs and other leaded products. But why was lead used in the first place? In this blog, TRG explores the history and health effects of leaded products and shares how companies can use our services to address lead contamination.
TRG Announces Historic Property Research Services
Every house has a story. Unraveling it requires tracking down its paper trail, which can be time-consuming and daunting if one doesn’t know where to look. In-depth knowledge of archival resources can help maximize the historical details for individual homeowners as well as for business owners and real estate brokers. TRG has assisted property owners in compiling complex house histories throughout the Washington, DC area. Our familiarity with local, state, and federal agencies, not to mention local historical societies and libraries, has allowed us to uncover records on behalf of property owners that are typically strewn about various archival collections and online databases.